Forensic/Psycho-Legal Evaluations

1. Divorce Meditation
2. Case Management
3. Parenting Plans
4. Custody Evaluations
5. Children & Divorce
6. Medico-Legal Evaluations

1. Divorce Meditation

Divorce Mediation is about discussing and finding the right approach for your family to child custody plans and timesharing.

Both parties agree to work towards a negotiated settlement, which they both may take to their respective legal counsel for approval post mediation.

The mediator does not make decisions on the family’s behalf, but rather facilitates a process of discussion towards a solution that works best for the needs of the c

hildren and the family structure.

The benefits of mediation are that it is a more cost effective, quicker process which preserves the emotional wellbeing of all parties as it is non adversorial.

It is important to obtain a complete picture of the family including any factors impacting on their lives. This includes schooling, extended family involvement and support and emotional or psychological factors.

Mediation may be voluntary, ie chosen by the couple divorcing; or mandatory whereby the couple may be compelled by a court order or by difficulties they are experiencing to attend mediation.

An important element introduced by the new Children’s Act 38 of 2005, is the children’s participation in the mediation process. Appropriate to their age and maturity, children have a right to be heard and their wishes taken into account as far as possible.

2. Case Management

Case management is usually done by a Social Worker or trained professional in the case of divorce where there are young children. The parents have the opportunity to meet with the Social Worker on a weekly, monthly or “needs related “ time frame , either individually or as a couple. The purpose is to support parents post divorce so as to minimize the stressful effects on the children.

The case manager can assist parents in clearly determining their goals and making decisions that are in the best interests of their children .

The benefits of case management when young children in particular are involved in a divorce situation are vast. Seemingly insurmountable issues can be managed by meeting with the case manager on a regular or “need to” basis. This can minimize the harmful effects on the children of potentially vengeful decisions on the part of the parents.

3. Parenting Plans

This is a written agreement between parents [or co holders of parental responsibilities and rights], outlining in detail their respective responsibilities and rights of care, contact, guardianship and maintenance with regard to the child.

There are two types of plans, the first being the voluntary or optional one. In this case parents may choose to draw up a Parenting plan so as to have a formalized structure in place prior to any difficulties occurring.

The second situation is where difficulties already exist and it pre- empts parents having to go to court to resolve the issues.

Any relevant issues regarding the care and contact of the children may be included. However the following are common items which are taken into account:

• Where and with whom the child will live[ primary residence]
• Maintenance of the child
• Contact between the child and both parties
• Contact with any other relevant people in the child’s life
• Schooling and religious upbringing
• Medical care for the child
• Conflict resolution in the future

An important factor is the inclusion of the children. Their views and wishes are as far as possible to be heard and taken into account. This is obviously age and maturity related.

This written document is signed by both parents and can be made an order of court or registered with the Family Advocates office.

4. Custody Evaluations

These can otherwise be known as Bio-psycho social assessments.

They are conducted by an impartial trained professional with the underlying value base of what is in the best interest of the child.

The purpose of custody evaluations is to find the best possible fit between the parent’s current situation and the needs of the child in determining care and contact arrangements for the family post divorce or separation.

They are conducted transparently with the knowledge of both parents and/or their legal representatives. Ideally both parties’ circumstances, desires, wishes, work schedules, support structures and any other relevant issues are taken into account. Individual interviews are conducted; home visits are done and as many sources as possible are consulted in order to provide an honest overall view of the family circumstances.

Feedback from the children with age appropriateness is essential. Ideally it is preferable to see children in their home environment.

Based on the findings as discussed above, the Social worker/Professional will make written recommendations regarding parenting arrangements that would best suit the developmental needs of the child.

These recommendations may be used in court or in legal proceedings as a basis for a parenting plan.

5. Children & Divorce

What I need from my mom and dad, A child’s list of wants:

• I need both of you to stay involved in my life. Please write letters, make phone calls, and ask me lots of questions. When you don’t stay involved, I feel like I’m not important and that you don’t really love me.
• Please stop fighting and work hard to get along with each other. Try to agree on matters related to me. When you fight about me, I think that I did something wrong and I feel guilty.
• I want to love you both and enjoy the time that I spend with each of you. Please support me and the time that I spend with each of you. If you act jealous or upset, I feel like I need to take sides and love one parent more than the other.
• Please communicate directly with my other parent so that I don’t have to send messages back and forth.
• When talking about my other parent, please say only nice things, or don’t say anything at all. When you say mean, unkind things about my other parent, I feel like you are expecting me to take your side.
• Please remember that I want both of you to be a part of my life. I count on my mom and dad to raise me, to teach me what is important, and to help me when I have problems.

6. Medico-Legal Evaluations

Medico-legal assessments are conducted to determine the pre- and post-accident functioning of an individual who has been injured. The psychologist conducts the assessment in order to help determine the validity of claims for compensation from claimants with personal injury. The   injuries sustained are often due to motor vehicle or other accidents. Claims may be directed, for example, to the Road Accident Fund, should the accident be caused by a motor vehicle accident.

Claims may relate to the following possible damages incurred by the claimant as a result of the injuries sustained in a motor vehicle or other accident:

• The psychological impact of the accident (such as post-traumatic stress, depression)
• Physical injury (such as disfigurement, disability, brain injury)
• Financial (such as a resultant or projected loss of earnings; medical expenses)
• Other damages (such as the loss of amenities as a result of the injuries sustained or the inability to continue in mainstream education due to paediatric head injury)

Bryanwood’s Forensic/Psycho-legal Evaluation Therapist is Janys Orelowitz